'A', the landlord, files a civil suit for recovery of rent from 'T', the tenant, for 3 years @ Rs.…
The court may frame all disputed issues and decide them after recording evidence. The alleged rent of Rs.7,000 and the tenant claim of Rs.2,000 create a factual dispute; a…
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'A', the landlord, files a civil suit for recovery of rent from 'T', the tenant, for 3 years @ Rs. 7,000/- per month. 'T', the tenant, denies the arrears of rent and claims the rate of rent to be Rs.2,000/- per month and that suit is barred under Section 50 of Delhi Rent Control Act, 1956. The court may:
Answer and explanation
Correct answer C
The court may frame all disputed issues and decide them after recording evidence. The alleged rent of Rs.7,000 and the tenant claim of Rs.2,000 create a factual dispute; a defence raising jurisdiction does not make that dispute a pure preliminary question of law. Order XIV rule 2 CPC permits separate preliminary determination only of the specified legal issues, while rejection under Order VII rule 11 cannot rest merely on disputed assertions in the defence.
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